Галузевийдосвід

Advised and supported the acquisition by a foreign investor of a controlling participatory interest in a large service company in Azerbaijan.

Achieved the repayment of USD 80,000 of debt owed to the local Branch of international power supply company.

Advised an international transportation & infrastructure company regarding various aspects of business law in Azerbaijan.

Represented one of major German construction companies in a dispute with respect to the repayment of debt due to failure to fulfil contractual obligations by an Azerbaijani company for EUR 6,000,000 amount.

Provided legal services to the local construction company DIA Holding on banking and corporate issues. Representation of interests of a shareholder in court.

Belarus

Legal support for the allocation of a land plot for the construction of a shopping center in Vitebsk, its construction, and the settlement of compensation issues with the individuals whose residential buildings were to be demolished for construction purposes. Subsequently, the project was sold to the largest retail network in Belarus;

Legal support for the allocation of a land plot for the construction of a shopping center in Minsk region and the construction of the facility, including the issues of: choosing the location of the land plot and the additional land plot, its allocation for construction, obtaining the construction permit, construction with engagement of funds of equity holders, state registration of the real estate property;

Legal support for investors’ interests in the process of the conclusion of the investment agreement with the Republic of Belarus and the allocation of a land plot for the construction of a shopping center in Mozyr, including coordination with the Gomel Regional Executive Committee to conclude the investment agreement and additional agreements thereto, legal support of allocation of the land plot, collecting permits, concluding and performance of contract agreements, etc.;

Legal support for the investor during the implementation of a project to construct a plant for the production of liquefied petroleum gases, including coordination work with the Mogilev Regional Executive Committee on the conclusion of the investment agreement and additional agreements thereto, advising on the issues of conclusion and performance of construction contract agreements, of the procedure for filing claims to contractors, the support of contract works;

Legal support for the implementation of an investment project for the construction of three administrative buildings in the Zheleznodorozhnaya street in Minsk (legal support for the regulation of land relations, namely, the allocation of the land plot, the changing of its borders, the changing of its purpose, its transfer to the partnership of owners, contract relations with equity holders);

Elaborating on the concept and the plan of action for resolving a dispute between the developer and participants in a shared construction regarding the titles for the car parking lot erected during the construction of a building. As a result, the state registration of the car parking lot as the property of the developer was recognized invalid by the court, the land plot was provided to the partnership of owners, and the equity holders obtained the possibility of using the car parking lot for 30 parking bays;

Advising on making investments in the construction of mushroom production facilities, the due diligence of a Belarusian company, support for the investor’s acquisition of shares in the company and the conclusion of the SHA between the members – the investments were raised, the construction was completed, the works for the startup of production are being performed;

Representation of the interests of an international group of companies when concluding a casino lease agreement at the Renaissance Minsk hotel, legal support for the development of design documentation (coordination of conditions for obtaining permits from the owner, support for the conclusion of contracts for adapting the concept developed by the international consultant, and the development of specialized sections of design documentation) and the implementation of construction and installation works (support of the work on the conclusion of supply contracts) – the casino was launched;

Legal support for a Belarusian developer, a resident of the Minsk FEZ (advising on taxation issues, including those connected with activities in the FEZ, land relations – changing of borders of land plots, changing of their purpose, obtaining construction permits, concluding agreements with investors);

Representation of the interests of a Russian investor in the course of the acquisition of a major production base by purchasing a Belarusian legal entity with a preliminary DD, legal support for further reconstruction of that base (the obtaining of permits, the conclusion of contract agreements for development of design documents, the supply agreements for structures and materials);

Representation of investors’ interests in the acquisition of a land plot in the central part of Minsk by purchasing a Belarusian legal entity (the land user) with a preliminary DD and the structuring of the deal for further implementation of a business center construction project. Construction of the business center is underway;

Representation of the interests of a purchaser of a mortar-concrete unit for the production of high-quality concrete from a bankrupt owner (negotiating with the crisis manager, representatives of the bank as the main creditor, agreeing on the terms of the deal between the seller, the creditors and the bank, verifying compliance with the procedures for deciding on disposal of property, ensuring that prices are reduced in accordance with the law, support of conclusion of the agreement, state registration of the agreement and the transfer of ownership rights);

Representation of the interests of a Latvian client investing in construction projects in Belarus (review of design and cost estimate documents for projects in Minsk, support of conclusion of agreements on shared participation in construction, ensuring the registration of the operating company and its current management, drafting of documents for entering of the investor, construction monitoring up to the commissioning of the building);

Structuring a deal for the acquisition of premises that belonged to a state-owned company, including advising on corporate risks, ensuring the compliance of the deal with the law, coordinating the deal with government bodies;

Advising on the possibilities and the procedures for transferring part of a land plot together with the objects located on it from a state-owned enterprise to a client without an auction or other similar procedures stipulated by the law. Developing two options for the implementation of the project with a risk assessment, the preparation of a detailed action plan;

Advising on the feasibility of reconstructing a building which was jointly owned by numerous owners, by adding an additional floor. The preparation of a reconstruction plan approved by the city authorities, which provided for the issue of permits, as well as preparation of a package of documents for collecting the consent of each of the co-owners of premises in the building;

Legal support for the acquisition of a group of companies specialized in supplying infrastructure, industry and logistics solutions for the agro-industrial complex (oilseed processing). The M&A deal was associated with high risks, and, according to our recommendations, the client decided to purchase the plant as real estate property and equipment separately. The work consisted of structuring the deal, drafting the real estate sale contract and other agreements which allowed the property to be purchased without the suspension of production activities, obtaining consent for the deal from the Ministry of Antimonopoly Regulating and Trade of Belarus;

Representation of a client’s interests in the acquisition of real estate property when implementing an investment agreement with a state-owned enterprise for the reconstruction of historical and cultural values. Reviewing the draft contract for reconstruction with subsequent registration of the premises in the building of historical and cultural value as ownership of the investor for the possibility of conclusion and feasibility of such contract. Developing amendments to the draft contract with the inclusion of conditions that were more acceptable to the investor;

Representation of the interests of a client who performed construction activities in Ghana (Africa) during negotiations, the development of documents for the settlement of disputes, satisfying the claims of customs and tax authorities in connection with returning of machinery and equipment to the Republic of Belarus.

Georgia

Advising Management & Consulting Services GmbH on the waste water treatment project funded by the German Bank for Reconstruction (KfW);

Project for the Development of Tetnuldi Mountain Ski Resort - providing legal services to one of the main contractors of the Government of Georgia, working on the Hazardous Natural Zone Map;

Acting as local legal experts in a KfW-financed project relating to the rehabilitation of municipal infrastructure in the city of Batumi, Phase II and Phase IV:

Legal Advice (particularly on water sector development and local self-government as well as water sector regulation: Preparation of legal assessments; preparation and implementation of meetings with GNEWRC.

The preparation and implementation of the Adjara Water Alliance (AWA) workshop, held with Adjara stakeholders in Batumi.

Assistance in updating the tariff structure.

Acting as local legal experts in a KfW-financed project relating to water sector reform in the autonomous province of Ajara:

Advising the management of water/sanitation utility and municipal authorities of Batumi and Khelvachauri, providing technical and financial training and further education measures for managing water supply and wastewater collection.

Developing wastewater regulations for Batumi and Khelvachauri, clarifying the legal framework regarding the establishment of a fee payment-system for the coverage of the operational and maintenance costs of the wastewater disposal system. Developing a fee or tariff system for these services. The development of a service agreement for Batumi water and wastewater utilities (Batumi Tskali).

The Ajara Rural Water Supply and Wastewater Treatment Program (“the Program”) is implemented in the framework of German – Georgian financial cooperation with funding from the European Union and the Ajara Water Alliance JSC (AWA), acting as the Project Executing Agency (PEA). The aim of the project is to improve the quality of life and general hygiene and health of the population in rural Ajara and to protect the environment through the appropriate use of water, avoiding contaminating soil and water sources with untreated wastewater as well as improving the economic development of the population in rural Ajara. Throughout the course of the project, the municipal utilities will be upgraded and reorganized, and their capacities will be strengthened. Moreover, the team will undertake work on reforming institutional structures, aspects of financial and technical management, and the introduction of tariffs.

Legal support for a foreign investor engaged in the construction of two hydropower plants in eastern Georgia.

Kazakhstan

Representing the interests of a consortium of Spanish, French and Turkish companies in the second stage of a public tender for the construction and operation of the Big Almaty Ring Road (BAKAD), including reviewing and negotiating concession agreements and tender documentation, advising on various aspects of Kazakh law, and participating in direct negotiations with the Kazakh Ministry of Investments and Development. BAKAD is a major concessional project based on the Build-Transfer-Operate scheme, valued at over USD 700 million;

Advising a consortium of international transportation companies in a project for the construction of a light-rail transport line in Almaty, Kazahstan. The scope of work included PPP structuring, drafting commercial agreements, and negotiating with state authorities;

Advising a group of major Kazakh and Russian energy enterprises on the reconstruction of Kazakhstan's largest energy enterprise, including drafting EPC contracts. Total project value - over USD 700 million;

Advising one of the world's largest construction companies headquartered in Turkey on a dispute with a Kazakh counterparty over the construction of one of the largest development projects in Almaty;

Representing Kazakhstan's largest infrastructure construction company in several connected judicial proceedings with a subcontractor related to the demands of the subcontractor to be reimbursed for the value of additional work for over KZT 5 billion, the counter-claims of the main contractor to demand the return of the advance payment and foreclosure upon the advance payment of the bank guarantee, and rehabilitation issues, such as taking injunctive relief and challenging the actions of bailiffs;

Advising a group of major petrochemical companies featuring Kazakhstan and international state and private companies regarding the construction of a petrochemical plant in Western Kazakhstan, including drafting EPC contracts. This was a pioneering transaction with FIDIC EPC contracts used successfully for the first time in the Kazakh petrochemical industry and synchronized with local norms and regulations. The total project value - approximately USD 1 billion;

Advising a Korean consortium on funding a project for the construction and management of a thermal electric power plant in Central Kazakhstan, including taxation, antitrust, currency regulations, tariffs, the choice of prevailing law, dispute resolution, possible legal remedies and the termination of obligations, as well as the signing of a bilateral investment treaty;

Advising a top-tier transportation company headquartered in France for construction of a modern turnkey tram-line in Nur-Sultan, including advice on regulations applicable to the Astana New City Special Economic Zone;

Advising several major Italian construction companies on projects for the construction of roads in Western and Southern Kazakhstan and court disputes with state authorities and subcontractors;

Advising an international construction company headquartered in South Korea on the implementation of the largest commercial real estate construction project in the suburbs of Almaty, Kazakhstan, including advising on the construction standards and rules of Kazakhstan, participating in project structuring, the drafting of EPC contracts and of other commercial construction agreements;

Advising a major development company headquartered in the UAE on the construction of a multipurpose administrative and residential compound in the city of Nur-Sultan, Kazakhstan, including advising on the construction standards and rules of Kazakhstan, advising on the project structure, and funding;

Advising a concessioner of the Aktau International Airport on drafting tender documentation, negotiations and the signing of a concession agreement and EPC contract;

Advising an international reconstruction and development bank on a loan agreement for the reconstruction of the water and wastewater system in Aktau, valued at KZT 1.2 billion. The aim of the project was to enable the relevant local authorities to increase the efficiency of the water utility system operation in the region by building a municipal infrastructure;

Advising a major construction company headquartered in Spain on the construction of several transportation infrastructure facilities within Kazakhstan, including roads and bridges. The services included drafting EPC contracts, obtaining licenses and authorizations, providing advice on the organization of activities within Kazakhstan, and on tax and labour-related matters;

Advising a major Turkish construction company on the construction of a shopping mall in Almaty, including drafting construction contracts based on FIDIC forms, taxation issues and the corporate structuring of activities, obtaining work permits, licenses and construction-related authorizations, and due diligence of the project and participant companies;

Advising a construction holding headquartered in Germany on the reconstruction of a power plant in Kazakhstan, including advice on taxation and the form of legal presence in Kazakhstan, the drafting and negotiating of construction contracts based on FIDIC forms, and the registration of legal entities in Kazakhstan and obtaining the necessary permits;

Advising a designer bureau headquartered in Italy on the reconstruction of one of the biggest hotels in Almaty, Kazakhstan, including advice on the form of legal presence in Kazakhstan, the drafting and negotiation of construction contracts based on FIDIC forms;

Advising an international energy consortium on the construction of a coal-fired thermal power plant in Central Kazakhstan. Total project value - approximately USD 4 billion;

Representing the interests of the main designer in litigation with a customer for drafting project documentation for several large railroad facilities. This project included several simultaneous judicial proceedings at various court instances on matters such as the reconsideration of judicial acts based on newly discovered circumstances, the validity of acts of acceptance, debt recovery, etc.;

Advising an international consulting company headquartered in Singapore on a project for reforming the regulation of activities of special economic zones (SEZ) in Kazakhstan, for the purposes of increasing their effectiveness, modernizing the infrastructure and attracting investment, including the preparation of a comprehensive analysis of legal matters related to SEZ activities and developing recommendations on improvement in SEZ activities;

Representing the interests of a client from Kazakhstan in the potential purchase of a 5-star hotel in Almaty. The scope of work included thorough and complex due diligence of ownership rights and corporate structure, transaction structuring and other legal advice;

Representing a major Turkish real estate developer in a transaction for the sale of over 1000 real estate properties (flats and parking spaces) in Almaty. The advising included a review of sales and purchase agreements, a review of documents confirming ownership, providing assistance during sales and purchase agreement-signing and other legal support;

Advising an international clothing manufacturer on the purchase of several buildings and spaces in Kazakhstan. The scope of work included advising on reconstruction, the service and maintenance of buildings, and leasing. Total value of purchased buildings – around USD 30 million;

Representing the interests of a client, one of the largest local real estate development and property management companies, in the potential purchase of several real estate properties (including business and shopping centres) in Nur-Sultan and other cities of Kazakhstan. The scope of work included drafting project documentation, registering ownership and other activities;

Advising a building company, headquartered in Malaysia, on the construction of a luxury residence complex in Almaty, Kazakhstan. Legal assistance included the drafting of a construction contract, advising on different aspects of Kazakhstan’s legislation, and negotiations with subcontractors and other parties involved in the project;

Representing the interests of a Kazakh industrial group in a project of oil refinery construction on the territory of Kazakhstan. The advice related to project structuring and drafting a construction contract in accordance with FIDIC Silver Book;

Advising a major global property management company in relation to drafting a set of standard agreements for the conclusion of property management contracts in Kazakhstan.)

Kyrgyzstan

Advising Fresenius C Deutschland GmbH on the first PPP project in the Kyrgyz Republic “The organization and provision of hemodialysis services in Bishkek, Osh and Jalal-Abad” (Public partner – Ministry of Health of the Kyrgyz Republic). Assisting the client in the realization of the PPP project, the construction of four clinics and the provision of hemodialysis services in the Kyrgyz Republic, including, but not limited to: all questions related to the realization of the project, labor, customs, licensing, healthcare regulation (ongoing, PPP Agreement was signed on 15 August 2017);

Advising the International Finance Corporation on financing the installation and operation of an electronic road tolling system in the Kyrgyz Republic;

Advising one of the major Russian investment banks on the financing of construction of a gold processing plant on the second largest gold deposit in Kyrgyzstan;

Advising the Export-Import Bank of China on the foreign currency loan facility provided to a Chinese-Kyrgyz gold mining company for the construction of infrastructure at one of the gold mines in the Kyrgyz Republic;

Advising the Open Society Foundation on the foreign currency loan facility provided to the American University of Central Asia for refinancing the construction of a new university campus;

Advising Tianjin Cement, a subsidiary of Chinese state-owned engineering conglomerate Sinoma, on financing and building a cement factory in the south of Kyrgyzstan;

Advising BPC AG (Switzerland) and its affiliates on the realization of the second ever PPP project in the Kyrgyz Republic, “Electronic ticketing on public transport in Bishkek city”;

Advising the Bishkek City Development Agency on all legal matters related to carrying out a feasibility study for the modernization of the parking system in Bishkek through PPP;

Advising China Telecom on the construction of a nation-wide fiber network in Kyrgyzstan.

Advising the China Development Bank in relation to a 16.3 million USD loan in favor of a gold mining company for financing the construction of a carbon-in-pulp plant and conducting a due diligence;

Advising a major Romanian construction company on construction projects with a leading building material and construction solutions company in Moldova;

Advising one of the major German construction companies in relation to several civil disputes in public procurement matters, as well as in domestic litigations regarding public procurement proceedings in connection with works and services of public interest. Deal’s value exceeded 12 million Euros;

Advising a leading Moldovan Construction company in connection with a PPP project as one of the most complex integrated greenfield projects developed in Moldova to date. Project valued at 3.5 million Euros.

Russia

Advising on public procurement and tender-related issues, including on public contract change and termination, complaints to the Russian antimonopoly authority, challenging tender results;

Advising a Russian construction company on its prompt acquisition of a competing business holding public contracts for the completion of infrastructure for the Sochi 2014 Olympic Games;

Acting for a Russian client in relation to an EPC Contract for a new pulp mill construction project in Krasnoyarsk Region and the financing of the project by a syndicate of international banks;

Acting for a number of Russian clients as customers and contractors under EPC/construction and design contracts governed by Russian law preparing, negotiating and executing such contracts;

Acting for a French manufacturer in relation to construction and design contracts for the construction of a new plant in Ulyanovsk, including drafting and negotiating contracts with contractors, assisting with real estate, anti-monopoly and other related issues;

Represented the interests of the owners of a large construction holding company in bankruptcy proceedings that imposed secondary liability on them at the request of the tax authority;

Represented the interests of a business owner for the supply of equipment to recover an amount of debt under a loan agreement;

All-in-one legal support of Louis Dreyfus Company (International group Louis Dreyfus) for the purchase of the partially completed grain transshipment terminal in Azov district, Rostov region; further legal support for the company during the building and setting into operation of the export terminal;

Legal support for the international agricultural holding RZ AGRO in its investment activity on the territory of Russia (due diligence of agricultural enterprises before their purchase, support of the acquisition of land shares, lease and allotment of land shares, etc.);

Due diligence of a Russian business entity, the owner of a sand quarry, for Le Group Malarby SA, (Fulchion lndustrialle SAS Group of Companies). The aim of the procedure for the client was to decide whether to invest in sand extraction and sand beneficiation on the territory of Russia;

Advocacy for one of the largest cement producers in Europe, the Turkish company Nuh Chimento Sanayi A.S., in a dispute with a participant in a joint Russian enterprise during the implementation of an investment project for the construction of a commercial port and a concrete plant;

Consulting for the subsidiary company of a large American food corporation on issues related to the construction and operation of a grain terminal, the representation of this company in court to reduce the sum of rent arrears presented by the municipal authorities amounting to around 200 000 000 RUB;

Legal analysis of the validity of concluded contracts, as well as projects that are being prepared for the conclusion of agreements within the framework of the client's comprehensive investment program for the construction and reconstruction of city infrastructure;

Due diligence of land plots for one of the world's largest retail chains selling furniture and home goods to help the client make a decision about a potential purchase;

Conducting a legal review of the rights to land plots where a water supply network is located for one of the world's largest manufacturers of flat glass, as well as developing recommendations for their proper registration;

Legal support for the acquisition by a group of companies in the culinary industry of a land plot and movable and immovable property located on it for the subsequent construction of a multifunctional entertainment center;

Consulting for a number of Russian developers about the construction of office and shopping and entertainment centers;

Legal support for the Wood-Engine Group in the process of the construction of a timber processing plant in Cherepovets for the Cherepovetsles holding;

The preparation of documentation and representation in public bodies housing co-operative in the period of implementation of the project on construction of a complex of townhouses in the village Zanevka Leningrad region;

Representing an investor's interests in state bodies during the preparation of documentation and the construction of a hangar in the Primorsky district of St. Petersburg;

Supporting the activities of "NPO Akvainzh" in the implementation of their project, the manufacture and maintenance of water supply and sanitation systems in small and large districts in the Leningrad region;

Comprehensive legal support for a developer in the preparation of documentation, representing their interests in government agencies, with shareholders, with contractors, the resolution of disputes arising during the construction of an apartment building in Peterhof;

The resolution of a dispute related to the establishment of a sanitary protection zone between the owner and the state supervisory authority during the reconstruction of an administrative and business center in the Primorsky district of St. Petersburg;

Legal support for the general contractor's activities during the construction of the Gazprom Arena sports complex;

The legal analysis of documentation for the construction of residential complexes "North Valley" in Yuntolovo;

Uzbekistan

Legal assistance for Uzkimyosanoat JSC in an EPC deal relating to the construction of a chemical plant for the production of ammonia and saltpetre;

Structuring and implementing an investment agreement and the signing of a JVA for the acquisition of 51% shares in automobile tyre manufacturing plant by Tatneft PSJC;

Providing assistance to a USA private investment company with drafting and structuring construction of a 100 million US dollars cancer clinic in Tashkent region;

Carrying out two practical training courses and seminars on the use and peculiarities of FIDIC in Uzbekistan for local construction companies and state-owned enterprises;

Legal and tax consultancy services for PAO Silovie Mashini in a project related to the modernization and construction of Syrdarya TEP;

Legal consultancy services in a project related to the technical modernization of Tashkent TEP;

Defense of an enterprise in the gas-transport system of Uzbek oil and the gas industry in the Singapore International Arbitration Centre in an EPC debt recovery lawsuit against the Chinese telecom manufacturer for over 70 million US dollars;

Advising the Japanese Hitachi-Zosen Corporation on issues related to entering into a EPC (FIDIC) contract for the construction of an LTFT reactor for “Uzbekistan-GTL” JV LLC, a project worth over 100 million US dollars;

Advising Chinese Corporation on a wide range of contractual obligations related to the breach of EPC contract terms by the General Contractor as well as on the enforcement of a foreign bank guarantee in a project worth more than 150 million Euros;

Advising a consortium of Petronas, a Malaysian corporation, and Sasol, a South-African corporation, on an investment project for the construction of a GTL plant in Uzbekistan under an investment agreement with Uzbekistan Government (a project worth over 3 billion US dollars);

Advising a Consortium of South Asian multinational companies on the construction of a gas-chemical complex in Ustyurt region for the processing of hydrocarbons (a project worth over 3 billion US dollars);

Drafting and negotiating an EPC contract for the supply and construction of a gas pumping and compression station at Navoi TEP worth 15 million Euros;

Advising on the applicable construction rules and contractual obligations under an EPC contract for the construction of a combined cycle power plant with a capacity of 478 MW at Navoi Thermal Power Plant

Tajikistan

Advising a Chinese bank on the financing of a construction project (a 9-floor office building) in Tajikistan;

Advising the China Development Bank in relation to financing the construction of an oil refinery plant in Tajikistan for 40 million USD (Phase 1), conducted a complex legal due diligence;

Advising an international financial organization on the implementation of a toll road project in Kyrgyzstan.